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HTMLNewly Organized Employer Must Bargain Over Discretionary Employee Discipline Pre-First Contract, NLRB Rules
Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
September 12, 2016, previously published on September 6, 2016
Prior to entering into a first contract, an employer has a statutory obligation to bargain with the union that represents its employees before imposing discretionary “serious discipline” (such as suspension, demotion, or discharge) on any of those employees, the National Labor Relations...

 

HTMLOSHA Reports Many State Programs Did Not Meet 2015 Performance Goals
Joseph S. Dreesen; Jackson Lewis P.C.;
Legal Alert/Article
September 11, 2016, previously published on August 30, 2016
Most state workplace safety programs did not meet performance goals, an annual report by the federal Occupational Safety and Health Administration studying 21 state programs in fiscal year 2015 has found. This is largely because of high staff turnover and insufficient federal funding in many...

 

HTMLNew York Makes Some Workplace Assaults a Felony
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
September 11, 2016, previously published on August 30, 2016
New York has beefed up protections for certain private and public sector employees, designating assaults against them as Class D felonies, rather than just Class A misdemeanors.

 

HTMLDOL and FAR Council Publish Final ‘Fair Pay and Safe Workplaces’ Rules for Government Contractors
Laura A. Mitchell, Mickey Silberman, Leslie A. Stout-Tabackman; Jackson Lewis P.C.;
Legal Alert/Article
September 6, 2016, previously published on August 25, 2016
The U.S. Department of Labor and the Federal Acquisition Regulatory (“FAR”) Council have published the highly-anticipated final guidance and regulations implementing President Barack Obama’s “Fair Pay and Safe Workplaces” Executive Order (E.O. 13673), often called the...

 

HTMLNew Illinois Employee Sick Leave Act Mandates Greater Flexibility on Use of Leave Benefits
Jody Kahn Mason, Kathryn Montgomery Moran; Jackson Lewis P.C.;
Legal Alert/Article
September 6, 2016, previously published on August 26, 2016
The Illinois Employee Sick Leave Act (Public Act 99-0841) requires Illinois employers who provide personal sick leave benefits to their employees to allow employees to take such leave for absences due to the illness, injury, or medical appointment of the employee’s child, spouse, sibling,...

 

HTMLGeorgia Magistrate Judge Limits OSHA Safety Inspections in Poultry Plants
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
September 6, 2016, previously published on August 25, 2016
The Occupational Safety and Health Administration is fighting a Gainesville, Georgia, magistrate judge’s recommendation that would restrict its new regional worker-safety program aimed at poultry processing facilities.

 

HTMLOSHA Tests New Program to Expedite Whistleblower Claims
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
September 6, 2016, previously published on August 25, 2016
In an effort to speed up claims under the Occupational Safety and Health Administration’s Whistleblower Protection Program, the Labor Department’s San Francisco region has launched a new process, called the “Expedited Case Processing Pilot.” Under the new process, OSHA may...

 

HTMLStudent Assistants Win Right to Unionize at Private Colleges and Universities
Michael R. Bertoncini, Thomas Dorer, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
September 6, 2016, previously published on August 26, 2016
Reversing longstanding precedent, the National Labor Relations Board has ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor Relations] Act.” Columbia University, 364 NLRB No. 90 (Aug. 23, 2016).

 

HTMLIllinois Freedom to Work Act: One State’s Reaction to Overreaching Non-Compete Agreements
Peter R. Bulmer; Jackson Lewis P.C.;
Legal Alert/Article
September 6, 2016, previously published on August 25, 2016
In an effort to address possible overuse of non-compete agreements by certain employers, Illinois Governor Bruce Rauner has signed into law the Illinois Freedom to Work Act. The Act prohibits private sector employers from entering into non-compete restrictions with “low-wage employees”...

 

HTMLHolding Class Waivers Violate the NLRA, Ninth Circuit Joins Circuit Split
David E. Block, Richard I. Greenberg, Samia M. Kirmani, Sherry L. Swieca; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 23, 2016
Requiring class and collective action waivers as a condition of hire or continued employment violates the National Labor Relations Act, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Morris v. Ernst & Young, No. 13-16599 (9th Cir. Aug. 22, 2016).

 


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